Council
Minutes
March
5, 2014, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting
No. 6
Alternate
formats for this document are available upon request
ROLL CALL
Mayor Frank
Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional
Councillor Gord Landon, Regional Councillor Joe Li, Councillor Valerie Burke,
Councillor Howard Shore, Councillor Don Hamilton, Councillor Carolina Moretti,
Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi,
Councillor Alex Chiu.
REGRETS
Mayor Frank
Scarpitti
Councillor
Carolina Moretti
STAFF
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor
Jim Baird, Commissioner of
Development Services
Trinela Cane, Commissioner
of Corporate Services
Brenda Librecz, Commissioner
of Community and Fire Services
Joel Lustig, Treasurer
Dennis Flaherty, Director of
Communications and Community Relations
John Wong, Technology
Support Specialist
Kimberley Kitteringham, City
Clerk
Stephen Huycke, Public
Services and Records Coordinator
The regular
meeting of Council convened at 7:06 PM on March 5, 2014 in the Council
Chamber. Deputy Mayor Jack Heath
presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES - FEBRUARY 11, 2014
Minutes
Moved by Councillor
Don Hamilton
Seconded by
Councillor Alex Chiu
1) That the Minutes of the
Council Meeting held on February 11, 2014, be adopted.
Carried
3. PRESENTATIONS
There were no
presentations.
4. DELEGATIONS
(1) DELEGATIONS REGARDING
PLAN B HOMES INC.
AND 2381423 ONTARIO INC., ZONING AMENDMENT
AND DRAFT PLAN OF SUBDIVISION APPLICATIONS
TO PERMIT 15 SINGLE DETACHED DWELLINGS AT
6827 14TH AVENUE AND 6805
14TH AVENUE
FILE NOS. ZA 12 127915 & SU 12 127915 (10.5, 10.7)
Moved by Councillor
Logan Kanapathi
Seconded by Regional
Councillor Jim Jones
That the
following delegations regarding the proposed motion for Plan B Homes Inc. and 2381423
Ontario Inc., Zoning Amendment and Draft Plan of Subdivision Applications to
permit 15 single detached dwellings at 6827 14th Avenue and 6805 14th
Avenue, be received:
1. Amber Burke, on behalf of herself and
Aaron Burke, spoke in opposition to the proposed motion.
2. Nadia Zuccaro, on behalf of Plan B.
Homes Inc., provided information on the applications and indicated her client
is willing to work with the area residents to address some of their concerns.
3. Angelica Gutierrez, on behalf of Box
Grove Community Association, spoke in opposition to the proposed motion.
4. Karen Rea, on behalf of Markham Village City Ratepayers Association, spoke in opposition to the
proposed motion.
5. Ricky Tsui, spoke in opposition to the
proposed motion.
(See
Item No. 1, Report No. 8 for Council's decision on this matter)
Carried
(2) DELEGATION
REGARDING THE REVIEW OF PARKLAND
DEDICATION BY-LAW, POLICIES
AND PRACTICES (10.0)
Karen Rea, on behalf
of Markham Village City Ratepayers Association, spoke in opposition to the
proposed motion on the parkland dedication by-law,
policies and practices.
(See
Item No. 3, Report No. 8 for Council's decision on this matter)
(3) DELEGATION
REGARDING THE RESTAURANT
FLOOR SPACE WITHIN THE COMMERCIAL
CORE AREA
OF HISTORIC UNIONVILLE -
UNIONVILLE BUSINESS
IMPROVEMENT AREA (10.4, 10.5)
Sharon Taylor
Woods spoke in support of the proposed motion regarding the restaurant floor
space within the Commercial Core Area of Historical Unionville.
(See Item No. 4, Report No. 8 for
Council's decision on this matter)
5. PETITIONS
There were no
petitions.
6(a) REPORT NO. 7 - GENERAL COMMITTEE (February
24, 2014)
Council
consented to separate Item No. 4.
Moved by
Regional Councillor Gord Landon
Seconded by
Councillor Colin Campbell
That Report
No. 7 – General Committee comprised of 6 items be received and adopted, except
Item No. 4. (See following Item No. 4)
(1) TREE CUTTING SERVICES
- PURCHASE ORDER ADJUSTMENT (5.7 & 7.0)
Report
1) That
the report “Tree Cutting Services – Purchase Order Adjustment” be received;
and,
2) That
the purchase orders for Tree Cutting Services be extended for a further period
of eight (8) weeks effective March 1, 2014 for the purpose of cleaning up ice
storm damages in city parks under the same terms and conditions; (refer to
financial considerations section of this report for the list of contractors and
the value of awards); and,
3) That
the purchase orders be increased by $ 1,463,309 for eight (8) weeks effective
March 1, 2014; and,
4) That
the Senior Manager of Purchasing and Accounts Payable and Director of
Operations be authorized to reallocate funds between the Tree Cutting Services
contractors for the duration of the contract; to a combined total not to exceed
the amount of $1,463,309; and,
5) That
the additional costs be coded to account 330-330-5403 “Parks Ice Storm Cleanup”
and be funded from the Corporate Rate Stabilization Reserve Account
086-2700114; and,
6) That
Staff be authorized to proceed with an invitation to tender for removal of
trees and debris from watercourses; and,
7) That
Council authorize the Chief Administrative Officer (CAO) to award the tender
for removal of trees and debris from watercourses; and,
8) That
Council authorize the CAO to extend the tender award for further periods as
required; and further,
9) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(2) MANAGEMENT OF
PUBLICATION
DISPENSING BOXES WITHIN
MARKHAM ROAD ALLOWANCES (5.0)
Report Attachments
1) That
the report entitled ‘Management of Publication Dispensing Boxes within
Markham Road Allowances’
be received; and,
2) That By-law 2013-136,
Road Occupancy, be amended to provide for the regulation of Publication
Dispensing Boxes within City of Markham rights of way including revised Road Occupancy Fees for
associated services; and,
3) That Policy 2013-136-02
Publication Dispensing Box Policy be approved by Council; and,
4) That the Director of
Operations be authorized to amend the Publication Dispensing Box Policy as
he/she may deem necessary to enhance the regulation of publication dispensing
boxes; and,
5) That the Operations
Department work with the Public Realm Advisory Committee to develop a standard
for publication dispensing infrastructure that complements other street
furniture initiatives; and,
6) That publication dispensing box permit fees be
increased from $25 to $50 for the first 50 boxes placed by an applicant and
$100 for each additional box thereafter; and,
7) That
the 2014 Operating Budget be amended to include the projected incremental
revenues for the increased publication dispensing boxes permit fees; and,
8) That staff work with
The Regional Municipality of York to develop an agreement outlining each
parties’ obligations with respect to the management of publication dispensing
boxes within the Regional rights-of-way within the boundaries of the City of
Markham; and,
9) That the Mayor and
Clerk be authorized to execute an Agreement with The Regional Municipality of
York outlining each parties’ obligations with respect to management of
publication dispensing boxes within the regional rights-of-way within the
boundaries of the City of Markham, in a form and content satisfactory to the
Chief Administrative Officer and the City Solicitor; and,
10) That
staff be directed to report back to General Committee in September 2014
regarding the amended Publication Dispensing Box Policy; and further,
11) That staff be authorized
and directed to do all things necessary to give effect to this resolution.
(By-law 2014-23)
Carried
(3) AWARD OF TENDER
#276-T-13 -
WATERPLAY REHABILITATION
FOR ASHTON MEADOWS PARK AND
JAMES EDWARD PARK (7.12)
Report
1) That the report
entitled “Award of Tender # 276-T-13 – Waterplay Rehabilitation for Ashton
Meadows Park and James Edward Park” be received; and,
2) That
the contract for the Waterplay Rehabilitation be awarded to the lowest priced
bidder Hawkins Contracting Services Limited, in the total amount of $349,187.40
inclusive of HST; and,
3) That
a contingency in the amount of $34,918.74 (10%), inclusive of HST, be established to cover any additional
construction costs, and that authorization to approve expenditures of this
contingency amount up to the specified limit be in accordance with the
Expenditure Control Policy; and,
4) That
the award be funded from the Operations Capital Account 059-6150-13424-005
“Waterplay Rehabilitation and Replacement Program”; and,
5) That
the funding shortfall in the amount of $147,217.37 be funded from the Life
Cycle Replacement and Capital Reserve; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(4) MAYOR’S YOUTH TASK
FORCE NAME CHANGE (5.0)
Report
Moved by
Regional Councillor Gord Landon
Seconded by
Councillor Colin Campbell
1) That
the Mayor’s Youth Task Force Name Change Report be received; and,
2) That
Council approve the name change of the Mayor’s Youth Task Force (MYTF) to the
Markham Mayor’s Youth Council (MMYC); and further,
3) That Staff be authorized and directed to do all
things necessary to give effect to this resolution.
Carried
(5) MARKHAM
ARTS COUNCIL (7.6)
1) That the City of Markham provide the 2014 Celebrate Markham
grant in the amount of $19,000.00 to the Markham Arts Council.
Carried
(6) ENTRANCE/EXIT
TO THE PLAZA AT
MCCOWAN ROAD AND HIGHWAY 7
(5.12)
1) That York Region traffic staff be requested to review the
McCowan Road entrance/exit to the plaza at the south west corner of McCowan
Road south of Highway 7 and report back to the City of Markham by the end of
May 2014.
Carried
6(b) REPORT NO. 8 - DEVELOPMENT SERVICES
COMMITTEE
(February 25, 2014)
Council
consented to separate Item Nos. 1 and 3.
Moved by
Councillor Alex Chiu
Seconded by
Councillor Alan Ho
That Report
No. 9 – Development Services Committee comprised of 5 items be received and
adopted, except Item Nos. 1 and 3. (See following Item Nos. 1 and 3)
(1) RECOMMENDATION REPORT,
PLAN B HOMES INC.
AND 2381423 ONTARIO INC., ZONING AMENDMENT
AND DRAFT PLAN OF SUBDIVISION APPLICATIONS
TO PERMIT 15 SINGLE DETACHED DWELLINGS AT
6827 14TH AVENUE AND 6805
14TH AVENUE
FILE NOS. ZA 12 127915 & SU 12 127915 (10.5, 10.7)
Memo Report
Moved by
Councillor Logan Kanapathi
Seconded by
Regional Councillor Jim Jones
1) That the deputations by Angelica Gutierrez,
Box Grove Community Association, Amber Burke, Trish Vrotsos, on behalf of Vangy
and Paul Vrotsos, and Nadia Vaccaro, representing Plan B Homes, regarding Plan
B Homes Inc., and 2381423 Ontario Inc., be received; and,
2) That the written submissions by
Angelica Gutierrez, Box Grove Community Association, Amber Burke, Trish
Vrotsos, on behalf of Vangy and Paul Vrotsos regarding Plan B Homes Inc., and
2381423 Ontario Inc., be received; and,
3) That the report titled “RECOMMENDATION
REPORT, Plan B Homes Inc., and 2381423 Ontario Inc., Zoning Amendment and Draft
Plan of Subdivision Applications to permit 15 single detached dwellings at 6827 14th
Avenue and 6805 14th Avenue, File Nos. ZA 12 127915
& SU 12 127915,” dated February 4, 2014, and the Memorandum dated February
25, 2014 from the Director of Engineering be received; and,
4) That the record of the Public Meetings
held on April 9, 2013 and September 23, 2013, regarding the applications for
approval of a Draft Plan of Subdivision and Zoning By-law Amendment be
received; and,
5) That
Draft Plan of Subdivision 19TM-12007 submitted by Plan B Homes Inc., and
2381423 Ontario Inc., be draft approved subject to the conditions outlined in
Appendix ‘A’; and,
6) That
the Director of Planning and Urban Design, or his designate be delegated
authority to issue draft approval, subject to the conditions set out in
Appendix ‘A’ as may be amended by the Director of Planning and Urban Design;
and,
7) That
the application submitted by Plan B Homes Inc. and 2381423 Ontario Inc., to
remove the properties from the Rural Residential Zoning categories of By-laws
304-87 and 194-82, as amended, and incorporate them into a Residential Two (R2)
zone category under By-law 177-96, as amended, be approved and the draft by-law
attached as Appendix ‘B’ be finalized and enacted without further notice; and,
8) That Council authorize servicing
allocation for 15 single detached units (55.5 population) from the current
servicing allocation reserve; and,
9) That
the City reserves the right to revoke or reallocate the servicing allocation
should the development not proceed in a timely manner; and,
10) That
the Region of York be advised of the servicing allocation for this development;
and,
11) That
the draft plan approval for Plan of Subdivision 19TM-12007 will lapse after a
period of three (3) years from the date of issuance in the event that a
subdivision agreement is not executed within that period; and,
12) That staff report back to June 10, 2014
Development Services Committee with the final cost of the sanitary sewer
installation along 14th Avenue including residents funding
commitment to this project; and further,
13) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Deferred
(See following motion to defer)
(See following motion to consider the matter)
Motion to defer the matter:
Moved by Councillor Logan Kanapathi
Seconded by Regional Councillor Jim Jones
That the recommendation from the February 25,
2014 Development Services Committee meeting regarding the applications
submitted by Plan B Homes Inc., and 2381423 Ontario Inc. be referred to the March 18, 2014 Development Services Committee
meeting to allow the Ward Councillor to organize a meeting between interested
Members of Council, the applicant for Plan B Homes Inc. and 2381423 Ontario
Inc., and representatives of the area residents.
Carried
Motion
to consider the matter:
Moved by Councillor Logan Kanapathi
Seconded by Regional Councillor Jim Jones
That Council consider the matter regarding the applications submitted
by Plan B Homes Inc. and 2381423 Ontario Inc. immediately following the
delegations with respect thereto.
Carried
(2) RECOMMENDATION
REPORT
ANGUS GLEN VILLAGE LTD.
4071 MAJOR MACKENZIE DRIVE
APPLICATIONS FOR REVISIONS TO
DRAFT APPROVED
PLAN OF SUBDIVISION 19TM -
03004 (PHASE 2D) AND
AN IMPLEMENTING ZONING BY-LAW
AMENDMENT
SOUTHEAST CORNER OF MAJOR
MACKENZIE DRIVE
AND ANGUS GLEN BOULEVARD
FILE NO.: SU/ZA 12 130341
(10.7, 10.5)
Report
1) That
the report dated February 25, 2014 and entitled “RECOMMENDATION REPORT, Angus
Glen Village Ltd., 4071 Major Mackenzie Drive, Applications
for Revisions to Draft Approved Plan of Subdivision 19TM – 03004 (Phase 2D) and
an implementing zoning by-law amendment, Southeast corner of Major
Mackenzie Drive and Angus Glen Boulevard, File No.: SU/ZA 12 130341”, be
received; and,
2) That revised draft plan of subdivision 19TM- 03004
(Phase 2D) submitted by Angus Glen Village Ltd., be draft approved subject to the
conditions outlined in Appendix ‘A’; and,
3) That
the application submitted by Angus Glen Village Ltd. to amend Zoning By-
177-96, as amended, be approved and the draft Zoning By-law amendment attached
as Appendix “B”, be finalized and enacted without further notice; and,
4) That servicing allocation for a population of 99.9 persons
(27 single detached units) be granted to plan of subdivision 19TM-03004 (Phase 2D) from the City
of Markham 2011/2012 Servicing Allocation distribution; and,
5) That the City reserves the right to revoke or reallocate the
servicing allocation should the development not proceed in a timely manner;
and,
6) That the Region of York be advised of the servicing
allocation for this development; and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) RECOMMENDATION
REPORT
UPDATE ON THE REVIEW OF
PARKLAND
DEDICATION BY-LAW, POLICIES
AND PRACTICES
– FINAL RECOMMENDATIONS
PR 11 126647 (10.0)
Report
Moved by
Councillor Valerie Burke
Seconded by
Councillor Howard Shore
1) That
the Report entitled “Update on the Review of Parkland Dedication By-law,
Policies and Practices – Final Recommendations – PR 11 126647”, be received;
and,
2) That the Final Report from The Planning Partnership entitled
‘City of Markham Review of Parkland Dedication By-law, Policies and Practices,
May 2013’ (previously received by Development Services Committee), as further
modified by the consultants’ memorandum of December 11, 2013 (attached as
Appendix 1), be received, and that it be utilized to provide guidance to Staff
and Council in matters involving parkland dedication; and,
3) That the draft Parkland Dedication By-law attached as
Appendix 2 to this Report, including the recommended Adjusted Parkland
Dedication Option for higher density development in intensification areas, be
endorsed; and,
4) That the presentation by The Planning Partnership dated
February 25, 2014 respecting the City of Markham Parkland Dedication Review,
attached as Appendix 3, be received; and,
5) That Staff be directed to bring a final Parkland Dedication
By-law forward for Council approval; and further,
6) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
Deferred by a recorded vote (6:4)
(See following motion to defer)
Moved by Councillor Valerie Burke
Seconded by Councillor Howard Shore
That the
recommendation from the February 25, 2014 Development Services Committee
meeting regarding the review of parkland dedication by-law, policies and
practices, be deferred until the Province of Ontario has completed its review of
the Land Use Planning and Appeal System in Ontario.
Carried by a recorded vote (6:4)
(See following recorded vote)
YEAS: Councillor
Valerie Burke, Councillor Howard Shore, Regional Councillor Joe Li, Deputy
Mayor Jack Heath, Councillor Alan Ho, Councillor Logan Kanapathi. (6)
NAYS: Regional
Councillor Jim Jones, Regional Councillor Gord Landon, Councillor Colin
Campbell, Councillor Alex Chiu. (4)
ABSTAINED: Councillor Don
Hamilton. (1)
ABSENT: Councillor
Carolina Moretti, Mayor Frank Scarpitti. (2)
(4) REQUEST
TO REMOVE RESTRICTIONS
ON THE APPROVAL OF ADDITIONAL
RESTAURANT
FLOOR SPACE WITHIN THE
COMMERCIAL CORE AREA
OF HISTORIC UNIONVILLE- UNIONVILLE
BUSINESS
IMPROVEMENT AREA (AMENDMENTS
TO UNIONVILLE
CORE AREA SECONDARY PLAN AND
ZONING BY-LAW)
FILE 14 107181 (10.4, 10.5)
Report
1)
That the deputation by Sharon Taylor Woods in support of the proposal
regarding Restaurant Floor Space within the Commercial Core Area of Historical
Unionville be received; and,
2) That the report
entitled “Request to Remove Restrictions on the Approval of Additional
Restaurant Floor Space within the Commercial Core Area of Historic Unionville – Unionville Business
Improvement Area, (Amendment to Unionville Core Area Secondary Plan and Zoning
By-law)”, dated February 25, 2014, be received; and,
3) That
the Record of the Public Meeting held on February 4, 2014 with respect to the
proposed amendments to the Official Plan (Unionville Core Area Secondary Plan)
and Zoning By-law 122-72, as amended, be received; and,
4) That the proposed Official Plan
Amendment (OP14 107181) and Zoning By-law Amendment (ZA 14 107181) initiated by
the City of Markham, be approved, and the draft Official Plan and Zoning By-law amendments be
finalized and enacted; and,
5) That the amendment to the Official Plan
(Revised 1987) be forwarded to the Region of York as modifications to the new
Official Plan adopted by Council on December 10, 2013; and further,
6) That staff be authorized and directed
to do all things necessary to give effect to this resolution.
(By-laws 2014-24 and 2014-25)
Carried
(5) RECOMMENDATION
REPORT
CITY-INITIATED AMENDMENT TO
THE SIGN BY-LAW
(BOUNDARY OF SPECIAL SIGN
DISTRICT FOR
BUTTONVILLE HERITAGE
CONSERVATION DISTRICT) (2.16, 16.11)
Report
1) That
the staff report dated February 25, 2014, titled “Recommendation Report,
City-Initiated Amendment to the Sign By-law (Boundary of Special Sign District
for Buttonville Heritage Conservation District)”, be received; and,
2) That
the proposed amendment to the Sign By-law 2002-94, attached as Appendix ‘A’, be
approved and enacted without further notice; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2014-26)
Carried
6(c) REPORT NO. 9 - GENERAL COMMITTEE (March 3,
2014)
Council consented to
separate Item No. 6.
Moved by
Councillor Colin Campbell
Seconded by
Councillor Don Hamilton
That Report No. 9 - General
Committee comprised of 6 items be received and adopted, except Item No. 6. (See
following Item No. 6)
(1) AWARD OF CONTRACT 186-R-13
REAL ESTATE BROKERAGE SERVICES (7.12 & 8.0)
Report
1) That
the report entitled “Award of Contract 186-R-13 Real Estate Brokerage Services” be
received; and,
2) That the contract for Real Estate
Brokerage Services be awarded to the highest ranked/lowest priced bidder,
Cushman & Wakefield Ltd.; and,
3) That Contract 186-R-13
for Real
Estate Brokerage Services be awarded to the highest ranked bidder, Cushman & Wakefield Ltd., for a one
(1) year term with the City having an option to renew for four (4) additional
years, with the following commission rates payable to them upon closing of the
sales transaction for five years (exclusive of HST):
Year
|
2014
|
2015
|
2016
|
2017
|
2018
|
Sale of property
|
2.00%
|
2.00%
|
1.75%
|
1.75%
|
1.75%
|
Purchase of property*
|
1.50%
|
1.50%
|
1.50%
|
1.50%
|
1.50%
|
Lease of property
|
|
|
|
|
|
a) Residential (% of
1-month
rent)
|
50.00%
|
50.00%
|
50.00%
|
50.00%
|
50.00%
|
b) Industrial (% of
1-month
net rent)
|
2.00%
|
2.00%
|
2.00%
|
2.00%
|
2.00%
|
c) Office ($ per square
foot)
|
$0.20
|
$0.30
|
$0.40
|
$0.50
|
$0.60
|
*If the property is not actively listed for sale and the
seller refuses to pay a commission to the broker, the City, as purchaser, would
be responsible to pay commission at the rate as outlined on the above chart.
; and,
4) That
bidder Cushman & Wakefield Ltd. be designated as the preferred
vendor of the City’s Real Estate Brokerage Services needs for a one year term
with the City Solicitor having the authority to renew successive one year terms
to a maximum of five years; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(2) BILL
69 – PROMPT PAYMENT ACT, 2013 (7.0)
Report Attachment
1) That the Report titled “Bill 69 –
Prompt Payment Act, 2013” be received; and,
2) That Council endorse the Association of
Municipalities of Ontario's (AMO) request that municipal governments be exempt
from the requirements of the Prompt Payment Act as set out in Attachment 1 to
this report; and,
3) That the Mayor, on behalf of Council,
forward a letter to the members of the Standing Committee, the party leaders
and the local MPPs requesting Bill 69 - Prompt Payment Act be amended to:
·
reflect more realistic timelines for payments in
infrastructure projects;
·
allow time for due diligence before accepting
work and certifying payments; and
·
allow payments to continue to be tied to project
milestones; and further,
4) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(3) 2013
YEAR END REVIEW OF OPERATIONS (7.4)
Report Appendices
1) That the report dated entitled “2013
Year End Review of Operations” be received; and,
2) That the City’s 2013 total net
unfavourable variance of ($3.181M) be funded from the following sources:
a) LTD Reserve in the amount of $0.281M for the
City’s day-to-day operating surplus of $1.614M net of year end accounting adjustments
of ($1.895M); and
b) Corporate Stabilization Reserve in the amount
of $2.900M for winter maintenance unfavourable variance of ($1.810M) and ice
storm related costs of ($1.090M) incurred in 2013; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(4) QUALITY MANAGEMENT
SYSTEM -
QMS POLICY ENDORSEMENT AND
MANAGEMENT REVIEW OUTCOMES (5.3)
Report Attachments
1) That
the report “Quality Management System – QMS Policy Endorsement and Management
Review Outcomes” be received; and,
2) That
Council, as the Owner of the City’s drinking water system, acknowledges and
endorses the revisions made to the City’s Quality Management System (QMS)
Policy; and,
3) That
the Quality Management System Management Review Outcomes be received; and,
4) That
Council, as the Owner of the City’s drinking water system, acknowledge and
support the outcomes and action items identified from the 2013 Management
Review #2; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(5) AUTOMATED VACUUM
COLLECTION (AVAC)
FEASIBILITY WORKING GROUP -
TERMS OF REFERENCE (5.0)
Report Attachment
1) That
the report entitled “AVAC Feasibility Working Group – Terms of Reference” be
received; and,
2) That
the attached AVAC Terms of Reference be approved and Regional Councillor Li be
appointed Chair of the AVAC Feasibility Working Group with the following
membership: Mayor Frank Scarpitti,
Deputy Mayor Jack Heath and Councillor Alan Ho; and,
3) That
the AVAC Feasibility Working Group provide a status update at the June 6th,
2014 General Committee meeting and table the completed study and
recommendations in October 2014; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(6) THE PUBLIC SECTOR
SALARY DISCLOSURE ACT (1996)
- SUNSHINE LIST (13.2)
Moved by
Councillor Colin Campbell
Seconded by
Councillor Don Hamilton
1) That
the Ministry of Finance be requested to amend the Public
Sector Salary Disclosure Act (1996) to include full disclosure of
salaries over $100,000 for all Ontario public sector salaries for all Boards,
Agencies and Hydro Local Distribution Companies.
Carried
7. MOTIONS
There were no
motions.
8. NOTICES OF MOTIONS
There were no
notices of motions.
9. COMMUNICATIONS
Moved by
Councillor Alex Chiu
Seconded by Councillor
Alan Ho
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
6-2014 ROAD CLOSURE
REQUEST – UNIONVILLE FESTIVAL FUNKY 5 K (3.5)
Info
The following roads/sidewalks will be closed on June 8, 2014 from 8:30
am to 10:30 am to facilitate the event:
- Carlton Rd just west of Main Street
Unionville to Pomander Rd (road closure)
- West
on Carlton Rd into Toogood Pond paths (sidewalk)
-
Toogood Pond paths up to 16th
Avenue (sidewalk)
-
Along 16th Ave to
Normandale Rd (sidewalk)
-
Run alongside of road (coned in) on
Normandale Rd (sidewalk)
-
Back out to 16th Avenue
sidewalks to Toogood Pond path entry (sidewalk)
-
Back along Toogood Pond path to
Carlton Rd.
Carried
7-2014 ROAD CLOSURE
REQUEST – CANADA DAY CELEBRATIONS (3.5)
Info
The following roads will be closed on July 1, 2014 to
facilitate the Canada Day Celebrations:
3:00
pm to 4:30 pm
- McCowan
Road from Bullock Drive to South Unionville Avenue
- McCowan
Road and Heritage Road
- Hwy.
7 – east and west of McCowan Road
8:30
pm to 11:30 pm
- McCowan
Road north of South Unionville Avenue –rolling closures
Carried
8-2014 LIQUOR LICENCE
APPLICATION FOR MADE IN CHINA HOT POT RESTAURANT, 505 HIGHWAY 7 EAST, UNITS 68
AND 69 (WARD 2) (3.21)
Info
Forwarding a request for the City of Markham to complete the Municipal
Information Form.
(New premises and application of a new liquor licence for indoor
areas).
Carried
9-2014 LIQUOR LICENCE
APPLICATION FOR I DARTS TORONTO, 7850 WOODBINE AVENUE, UNIT 228 (WARD 8) (3.21)
Info
Forwarding a request for the City of Markham to complete the Municipal
Information Form.
(Change
of ownership and application of a liquor licence for indoor areas previously
licenced).
Carried
10. PROCLAMATIONS
(1) PROCLAMATION
AND FLAG RAISING REQUESTS (3.4)
Moved by Regional
Councillor Gord Landon
Seconded by Councillor
Logan Kanapathi
1) That the following proclamation issued by the City Clerk in
accordance with the City of Markham Proclamation Policy be received for
information purposes:
- Girls Rights Week (April 28 to May 2,
2014)
- Nowruz
(Persian New Year) (March 20, 2014); and,
2) That the following new request for proclamation approved by
the City Clerk in accordance with the City of Markham Proclamation Policy be
received and added to the Five-Year Proclamations List approved by Council:
- World
Plumbing Day (March 11, 2014); and,
3) That the following new request for
proclamation be approved and added to the Five-Year Proclamations List approved
by Council:
- Greek
Independence Day (March 25, 2014); and further,
4) That the following new request for flag to be raised at the Anthony
Roman Markham Civic Centre flagpole be approved and added to the Five-Year List of Request to Raise Flag
approved by Council:
- Flag of Greece
(March 31, 2014)
Carried
11. NEW/OTHER BUSINESS
There was no
new/other business.
12. BY-LAWS
Moved by
Councillor Alex Chiu
Seconded by Regional
Councillor Joe Li
That By-laws
2014-20 to 2014-30 be given three readings and enacted.
Three Readings
BY-LAW 2014-20 A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE
VALUE OR INTEREST (MUNSHAW HOMESTEAD, 10 RUGGLES AVENUE)
By-law
Carried
BY-LAW 2014-21 ROAD DEDICATION BY-LAW (PLAN 65M-4333)
A by-law to dedicate certain lands as part of
the highways of the City of Markham,
(Block 54, Plan 65M-4333 - Fimco Crescent)
By-law
Carried
BY-LAW 2014-22 ROAD DEDICATION BY-LAW (PLANS 65M-3759 AND 65M-4345)
A by-law to dedicate certain lands as part of
the highways of the City of Markham.
(Block 378, Plan 65M-3759 - Saddlebrook Drive;
Block 379, Plan 65M-3759 - Lane AA;
Block 78, Plan 65M-4345 - Toulouse Court;
Block 79, Plan 65M-4345 - Vinod Road;
Block 80, Plan 65M-4345 - Toulouse Court;
Block 81, Plan 65M-4345 - Lane)
By-law
Carried
BY-LAW 2014-23 A BY-LAW TO AMEND ROAD OCCUPANCY BY-LAW 2013-136 (TO
PROVIDE FOR THE REGULATION OF PUBLICATION DISPENSING BOXES WITHIN CITY OF
MARKHAM RIGHTS OF WAY INCLUDING REVISED ROAD OCCUPANCY FEES FOR ASSOCIATED
SERVICES)
(Item No. 2, Report No. 7)
By-law
Carried
BY-LAW 2014-24 COMMERCIAL CORE AREA OF HISTORIC UNIONVILLE - UNIONVILLE BUSINESS
IMPROVEMENT AREA, OFFICIAL PLAN AMENDMENT
A by-law to adopt Official Plan Amendment No. 215 (Restaurant Policy
Modifications).
(Item No. 4, Report No. 8)
OPA
Carried
BY-LAW 2014-25 COMMERCIAL CORE AREA OF HISTORIC UNIONVILLE - UNIONVILLE
BUSINESS IMPROVEMENT AREA, ZONING BY-LAW AMENDMENT
A by-law to amend By-law 122-72, as amended, to
modify and add specific definitions, add specific restaurant type uses
as permitted uses and expand the permitted uses.
(Item No. 4, Report No. 8)
By-law
Carried
BY-LAW 2014-26 A BY-LAW TO AMEND SIGN BY-LAW 2002-94 (BOUNDARY OF SPECIAL SIGN
DISTRICT FOR BUTTONVILLE HERITAGE CONSERVATION DISTRICT)
(Item No. 5, Report No. 8)
By-law
Carried
BY-LAW 2014-27 ROAD DEDICATION BY-LAW (PLANS 65M-4096, 65M-4376, 65M-3767)
A by-law to dedicate certain lands as part of the highways of the
City of Markham.
(Block 20, Plan 65M-4096 - Gas Lamp Lane;
Block 21, Plan 65M-4096 - Lane C2;
Blocks 55, 56 and 60, Plan 65M-4376 – Lane;
Block 57, Plan 65M-4376 - Cornwall Drive;
Block 58, Plan 65M-4376 - Almira Avenue;
Block 59, Plan 65M-4376 - Lawrence Pilkington Avenue;
Block 61, Plan 65M-4376 - Diamond Jubilee Drive;
Block 62, Plan 65M-4376 - Cornell Centre Boulevard;
Block 357, Plan 65M-3767 - Cornell Centre Boulevard;
Block 365, Plan 65M-3767 - Lane C2;
Block 366, Plan 65M-3767 - Morning Dove Drive;
Block 367, Plan 65M-3767 - Lane C1;
Blocks 371 and 372, Plan 65M-3767 - White’s Hill Avenue)
By-law
Carried
BY-LAW 2014-28 ROAD DEDICATION BY-LAW (65M-3767, 65M-4054, 65M-4375, 65M-4306)
A
by-law to dedicate certain lands as part of the highways of the City of
Markham.
(Block
375, Plan 65M-3767 - Cornwall Drive;
Block
377, Plan 65M-3767 - Lane K;
Block
43, Plan 65M-4054 - Lane 3;
Block
44, Plan 65M-4054 - Bittersweet Street;
Block
45, Plan 65M-4054 - Murray Wilson Drive;
Block
46, Plan 65M-4054 - Lane 2;
Part
of Lot 14, Concession 9, designated as Parts 1 to 6 inclusive and Part 17, Plan
65R-20360 - Almira Avenue;
Block
131, Plan 65M-4375 - Cornwall Drive;
Block
132, Plan 65M-4375 - Stone Jug Avenue;
Block
133, Plan 65M-4375 - Lane;
Block
134, Plan 65M-4375, Almira Avenue;
Block
135, Plan 65M-4375 - Demott Avenue;
Blocks
136, 137 and 140, Plan 65M-4375 - Cornell Centre Boulevard;
Block
138, Plan 65M-4375 - Church Street;
Block
139, Plan 65M-4375 - Cinemark Avenue;
Block
141, Plan 65M-4375 - The Meadows Avenue;
Block
227, Plan 65M-4306 - Donald Sim Avenue;
Block
229, Plan 65M-4306 - Demott Avenue;
Block
230, Plan 65M-4306 - Disk Drive;
Block
231, Plan 65M-4306 - Cornell Park Avenue;
Blocks
232, 234, 238, 239, 241, 245 and 246, Plan 65M-4306 - Lane;
Block
233, Plan 65M-4306 - Raven Cross Avenue;
Block
235, Plan 65M-4306 - The Meadows Avenue;
Block
237, Plan 65M-4306 - Cinemark Avenue;
Block
240, Plan 65M-4306 - Frank Davis Street;
Block
243, Plan 65M-4306 - Church Street)
By-law
Carried
BY-LAW 2014-29 ROAD DEDICATION BY-LAW (65M-4333)
A by-law to dedicate certain lands as part of
the highways of the City of Markham
(Part of Block 31, Plan 65M-4333, designated as Part 1, Plan
65R-34798 -Fimco Crescent)
By-law
Carried
BY-LAW 2014-30 CORNELL ROUGE DEVELOPMENT CORP., PART LOT
CONTROL EXEMPTION BY-LAW (PLAN 65M-4364)
A
by-law to designate part of a certain plan of subdivision not subject to Part
Lot Control, Lots 29 to 32 inclusive, 45 to 48 inclusive, 104, 105,
119 to 122 inclusive, 154 and 155, Plan 65M-4364, west of Donald Cousens
Parkway and east of Cornell Rouge Boulevard.
By-law
Carried
13. IN-CAMERA ITEMS
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into an in-camera session to discuss the following matters (8:39
PM):
General
Committee - February 24, 2014
(1) PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING
MUNICIPAL OR LOCAL BOARD EMPLOYEES (BOARD/COMMITTEE APPOINTMENTS) (16.24)
[Section 239 (2) (b)]
(2) PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING
MUNICIPAL OR LOCAL BOARD EMPLOYEES (CITY WIDE) (6.3)
[Section 239 (2) (b)]
Development
Services Committee - February 25, 2014
(3) LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS BEFORE ADMINISTRATIVE
TRIBUNALS, AFFECTING THE MUNICIPALITY
OR LOCAL BOARD (5.0, 8.0)
[Section 239 (2) (e)]
General
Committee – March 3, 2014
(4) ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE,
INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE (CLOSED MEETING
INVESTIGATOR REPORT) (13.2)
[Section 239 (2)
(f)]
(5) A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY
THE MUNICIPALITY OR LOCAL BOARD (WARD 3) (8.6)
[Section 239 (2)
(c)]
(6) PERSONAL MATTERS ABOUT AN IDENTIFIABLE
INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (BOARD/COMMITTEE
APPOINTMENT AND RESIGNATION) (16.24)
[Section 239 (2)
(b)]
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Joe Li
That Council
rise from the in-camera session. (8:46 PM)
Carried
The in-camera
items were approved by Council as follows:
(1) BOARD/COMMITTEE
APPOINTMENTS (16.24)
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Gord Landon
1) That the following persons be appointed
to the Canada Day Committee:
Name Term
Clarence Li November
30, 2014
Viki Metaxas November
30, 2014
Rocky Chen November
30, 2014
Catherine Johnson November
30, 2014
Carried
(2) NAMING
OF CITY OF MARKHAM PARKS (6.3)
March
5 Council Approval Appendix
A
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Gord Landon
1) That the confidential
report entitled “Naming of City of Markham Parks” be received; and,
2) That staff be
authorized to proceed as directed by Council on March 5, 2014; and further,
3) That the City Clerk be
authorized to release the in-camera resolution approved by Council and Appendix
A attached to the "Naming of City of Markham Parks" confidential
staff report as a public document after April 30, 2014.
Carried
(3) ENBRIDGE
GAS DISTRIBUTION INC. (“ENBRIDGE”)
- NOTICE OF APPLICATION (8.0)
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Gord Landon
1) That the confidential
report dated February 25, 2014 regarding the Notice of Application from
Enbridge Gas Distribution Inc. (“Enbridge”) be received; and,
2) That staff be
authorized to proceed as directed by Council on March 5, 2014.
Carried
(4) CLOSED MEETING INVESTIGATOR REPORT –
MARKHAM SPORTS ENTERTAINMENT AND CULTURAL SUB-COMMITTEE MEETING OF FEBRUARY 11,
2013 (13.2)
Report
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Gord Landon
1) That the Confidential Staff Report
entitled “Closed Meeting Investigator Report – Markham Sports, Entertainment
and Cultural Sub-Committee meeting of February 11, 2013” dated February 14,
2014, be received; and,
2) That the Confidential Staff Report
entitled “Closed Meeting Investigator Report – Markham Sports, Entertainment
and Cultural Sub-Committee meeting of February 11, 2013” dated February 14,
2013, be released in its entirety, excluding Appendix A; and,
3) That the Amberley Gavel Report be
redacted to remove personal information about an identifiable individual in
accordance with the requirements of the Municipal Freedom of Information and
Privacy Act and then released in its redacted form; and,
4) That Amberley Gavel be advised that the
City of Markham does not agree with the conclusions of their Closed Meeting
Investigator Report for the following reasons:
a) The Information and Privacy Commissioner
of Ontario is not a subject matter expert on the Municipal Act as found by the
Ontario Divisional Court in St. Catharines (City) v. Ontario (Information and
Privacy Commissioner);
b) Notwithstanding 4(a), the Investigator
relied on an outdated, narrow interpretation of “security of the property”
contained in Order MO-2468-F by the Information and Privacy Commissioner of
Ontario;
c) The Investigator failed to take into
consideration more recent Information and Privacy Commissioner Orders,
including Order MO-2683-I dated December 30, 2011 and Order MO-2700 dated March
20, 2012, which determined that:
1. Security of property, for the purposes of
permitting in camera meetings, includes both corporeal (tangible) and
incorporeal (rights in property) properties.
2. Discussions related to particular risks to
property, and the methods to be taken to secure the property from potential
adverse impacts, may be the subject of in camera meetings.
d) Had the Investigator relied on more recent
case law they should have upheld the City’s decision to go in-camera on the
basis of the “security of the property” provision of the Municipal Act; and,
5) That the Ministry of Municipal Affairs
and Housing be requested to amend or clarify the scope and meaning of the
“security of the property” and “acquisition and disposition” provisions within
Section 239 of the Municipal Act to ensure that Municipalities are able to
conduct negotiations for long term leases of municipal assets in a confidential
setting to protect the municipal interest in those assets, without compromising
their bargaining power; and further,
6) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(5) PROPOSED PARKLAND AT THE REAR OF 93 AND
103 HELEN AVENUE (SUNRISE ACQUISITIONS (UNIONVILLE) INC.) (8.6)
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Gord Landon
1) That the confidential report entitled
“Proposed Parkland at the rear of 93 and 103 Helen Avenue (Sunrise Acquisitions
(Unionville) Inc.)” be received; and,
2) That the conditions of draft approval
for Draft Approved Plans 19TM-12003 and 19TM-05020 be amended and the
subdivision agreement to be entered into in respect of those plans, to
implement the following:
i) That the Owner convey to the City the
parkland dedication requirement generated by the (combined) subdivision being
approximately 0.067 acres, free and clear of all encumbrances, on registration
of the plan of subdivision;
ii) That the Owner grant to the City in the
Subdivision Agreement an Option to Purchase the balance of the lands identified
for park purposes on the draft plan, being 0.253 acres for the fixed price of
$263,541, being the 2014 fair market value, which option to purchase may be
exercised by the City after the lands are no longer encumbered by a temporary
turning circle and stormwater management facilities; and,
3) That the future parkland price of
$263,541 be funded from the Parks Cash-in-Lieu Account 087-2800-148; and,
4) That Staff be authorized and directed
to exercise the above described Option to Purchase when the Director of
Engineering has confirmed that the lands to be subject to the Option to
Purchase are no longer encumbered by the temporary turning circle and storm
water management facilities; and,
5) That the Mayor and Clerk be authorized
to execute an Option Agreement and any other documents related to the creation
and exercise of the above described Option to Purchase, in a form and content
satisfactory to the Chief Administrative Officer and the City Solicitor; and
further,
6) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(6) BOARD/COMMITTEE APPOINTMENT AND
RESIGNATION (16.24)
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Gord Landon
1) That the resignation of
Jim Dornan from the Seniors Hall of Fame Awards Committee be received with
regret for information purposes and that a letter of appreciation be forwarded
by Mayor Frank Scarpitti; and,
2) That Angela Morris,
Chair of the Seniors Advisory Committee, be appointed to the Seniors Hall of
Fame Awards Committee with a term ending November 30, 2015.
Carried
14. CONFIRMATORY BY-LAW
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
That By-law 2014-31
be given three readings and enacted.
Three Readings
BY-LAW 2014-31 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MARCH
5, 2014.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor
Colin Campbell
That the Council Meeting be adjourned at 8:49 PM.
Carried
_________________________________ _______________________________
Kimberley
Kitteringham Jack
Heath
City Clerk Deputy
Mayor
(Signed)